Calcutta High Court (Appellete Side)
Parvendra Kumar vs Union Of India And Others on 18 May, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
Serial No.39.
May 18, 2016.
SG
WP 8807 (W) of 2016
Parvendra Kumar
-versus-
Union of India and others
Mr Pratik Majumder
... for the petitioner.
Mr Krishna Das Poddar
... for the respondents.
The grievance of the petitioner is that the petitioner has been discharged from service by an order dated July 29, 2015 on the ground that the petitioner had suppressed material facts in the attestation form filed by the petitioner, though a criminal complaint was lodged against the petitioner long after the petitioner filled up the attestation form and such complaint has culminated in a final report being filed by the police on October 29, 2014 without taking any further action.
The Railway Protection Special Force is represented and it is submitted that in course of the police verification at the time of the petitioner joining the force, it was discovered that a criminal complaint was pending against the petitioner and the petitioner had not brought such fact to the notice of the Railway Protection Special Force. RPSF seeks to file an affidavit in the matter.
From the facts as evident from the petition, it does not appear that the complaint was lodged against the petitioner at a time prior to the petitioner filing the attestation form. Prima facie, there may 2 not have been any suppression on the part of the petitioner in failing to disclose the complaint when such complaint was lodged long after the attestation form was filed. Further, since the petitioner does not appear to have been arrested, there may not have been any cause for the petitioner to have reported the matter to the employer. Finally, the relevant police authorities filed a final report by October, 2014 finding that there was no evidence in support of the allegations made in the complaint.
Though RPSF is afforded the luxury of using an affidavit, it is made clear that in the event the order of termination or discharge dated July 29, 2015 is found to be erroneous or is otherwise set aside, the petitioner will be entitled to all the benefits till the date of the petitioner's reinstatement as if the petitioner had been in service all along.
Affidavits-in-opposition be filed within a week after the summer vacation; reply thereto, if any, may be filed within a week thereafter. The petition will appear for hearing in the combined monthly list of July, 2016.
The pendency of this petition will not stand in the way of RPSF reconsidering the notice of termination or discharge dated July 29, 2015 and taking appropriate action.
(Sanjib Banerjee, J.) 3